Warrantless Search and Seizure Memoranda

1299 Words Sep 3rd, 2013 6 Pages
Linda Barron-Gronvold

CCJS 234-Criminal Procedure and Evidence

September 17, 2013

Warrantless Search & Seizure Memorandum

To: Judge M. Pearson

From: Linda Barron-Gronvold

Re: Elliott Watson case – Marijuana Possession with Intent to Distribute

Prosecution

Date: September 17, 2013

Brief Summary:

Elliott Watson was arrested for the possession of marijuana with the intent to distribute said illegal drug. Elliott Watson was stopped by Officer Timothy Johnson because of faulty mechanical problems of Elliot Watson’s vehicle, which was sputtering and stalling out, and the vehicle also fit the description of a vehicle, a sports coupe, that had earlier, was used to kidnap a three year old young girl, Wanda Jones,
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Watson, upon the pat down of Mr. Watsons’ person, officer Johnson found a “hand carved pipe with a golf ball size bowl and a five inch long pipe’ which officer Johnson believed was being used for smoking marijuana. Officer Johnson then handcuffed and placed Watson into the back seat of his patrol car and went to remove the keys from the Watson vehicle to check the trunk for the kidnapped three year old child, upon opening the trunk of the Fiat sports coupe car, Johnson found a cellophane wrapped package that looks to contain marijuana. Officer Johnson returned to his patrol car and informed Watson that he was under arrest for the Possession of Marijuana with the intent to distribute a controlled drug substance.

Question Presented:
Is the warrantless search and seizure of Elliot Watson, who was arrested for possession of Marijuana with the intent to distribute, after being detained by Officer Johnson who was on the lookout for a vehicle and kidnapper with the same vehicle and clothing description as Mr. Watsons’ sports coupe car and 5 foot 9 inches tall, brown hair, and brown eyes wearing a white tee-shirt and blue jeans, legal?

Short Answer:
Yes. Mr. Watsons’ clothing and vehicle description fit the description that had come over the police scanner. He was noticed by Officer Johnson and was pulled over and a DVM license plate check was conducted, and after Watson exited his vehicle and started